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HB443 INTRODUCED
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HB443
SLI3B55-1
By Representatives Oliver, Wood (R), Crow, Treadaway,
Lipscomb, Garrett
RFD: Constitution, Campaigns and Elections
First Read: 12-Feb-26
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SLI3B55-1 02/11/2026 EGC (L)EGC 2026-591
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First Read: 12-Feb-26
SYNOPSIS:
Under Article V of the United States
Constitution, if two-thirds of the states apply,
Congress must call a convention of the states to
propose amendments to the Constitution.
This bill would establish a process for the
appointment of commissioners and alternate
commissioners to serve as Alabama's delegation to an
Article V Convention.
This bill would establish qualifications for
commissioners, provide for duties of commissioners, and
provide for the recall and removal of commissioners.
This bill would require the Legislature, by
joint resolution, to appoint commissioners and
alternate commissioners and require the Legislature to
include certain information instructing commissioners
on their duties and scope of authority.
This bill would require commissioners and
alternate commissioners to execute an oath.
This bill would provide that commissioners and
alternate commissioners shall be compensated at the
same rate as members of the House of Representatives,
prorated by the length of time served, and this bill
would prohibit commissioners and alternate
commissioners from receiving certain gifts.
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commissioners from receiving certain gifts.
This bill would provide that the delegation may
select individuals to serve in leadership roles and
establish a quorum for decision-making.
This bill would create an advisory committee to
monitor an Article V Convention and the commissioners.
This bill would establish a procedure for
recalling and removing commissioners who exceed the
scope of their authority.
This bill would also establish criminal
penalties for commissioners who exceed the scope of
their authority and for individuals who interfere in
the performance of a commissioner's duty.
A BILL
TO BE ENTITLED
AN ACT
Relating to Article V Conventions; to establish a
process for appointing commissioners and alternate
commissioners to represent the State of Alabama at an Article
V Convention; to provide for the appointment and
qualifications of commissioners; to establish the duties of
commissioners; to provide for the compensation of
commissioners; to prohibit commissioners from receiving
certain gifts; to establish parameters of the delegation's
authority; to establish an advisory committee; to provide for
the recall and removal of a commissioner; to establish
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the recall and removal of a commissioner; to establish
criminal penalties for a commissioner who exceeds the scope of
his or her authority; and to establish criminal penalties for
an individual who interferes with the performance of a
commissioner's duties.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to an Article V
Convention of the states.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) ALTERNATE COMMISSIONER. An individual appointed by
the Legislature to serve as a commissioner to an Article V
Convention in place of another commissioner who cannot execute
his or her duties.
(2) ARTICLE V CONVENTION. A convention called by
two-thirds of the states for proposing amendments to the
United States Constitution as provided under Article V of the
Constitution.
(3) COMMISSIONER. An individual appointed by the
Legislature to represent the State of Alabama at an Article V
Convention.
(4) DELEGATION. The group of commissioners and
alternate commissioners appointed by the Legislature to attend
an Article V Convention.
Section 3. (a) Whenever an Article V Convention is
called by the states, the Legislature shall appoint three
commissioners and three alternate commissioners to represent
the State of Alabama at the Article V Convention.
(b)(1) The Legislature shall appoint the commissioners
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(b)(1) The Legislature shall appoint the commissioners
and alternate commissioners by joint resolution adopted during
a joint session of the Legislature.
(2) If the Legislature is not in session during the
time when commissioners to an Article V Convention must be
appointed, the Governor shall call the Legislature into
special session under Section 122 of the Constitution of
Alabama of 2022, for the purpose of appointing commissioners
and alternate commissioners.
(c) The Legislature may appoint additional
commissioners and alternate commissioners, but the total
number of commissioners and the total number of alternate
commissioners shall each be an odd number.
(d)(1) To be appointed a commissioner or alternate
commissioner, an individual must receive, in each house of the
Legislature, the vote of a majority of all the members elected
to each house.
(2) At the time of appointment, each alternate
commissioner must be paired with a commissioner as provided in
a joint resolution adopted by the Legislature.
(e)(1) The Legislature may recall any commissioner or
alternate commissioner and replace that commissioner or
alternate commissioner with an individual appointed under this
act at any time by joint resolution .
(2) If the Legislature is not in session, the advisory
committee, established under Section 8, may recall and remove
any commissioner or alternate commissioner upon a
determination by the advisory committee that a commissioner or
alternate commissioner exceeded the scope of his or her
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alternate commissioner exceeded the scope of his or her
authority pursuant to Section 9, pending a vote of the
Legislature.
Section 4. (a) To be appointed as a commissioner or
alternate commissioner to an Article V Convention, an
individual shall satisfy all of the following requirements:
(1) The individual shall be a United States citizen for
at least five years preceding appointment.
(2) The individual shall be an Alabama resident for at
least five years preceding appointment.
(3) The individual shall be at least 25 years of age.
(4) The individual shall be a registered voter in the
State of Alabama.
(5) The individual shall not currently be registered or
required to be registered as a federal lobbyist, or have been
registered or required to be registered as a federal lobbyist
at any time in the five years preceding appointment.
(6) The individual shall not currently be a federal
employee or contractor, or have been a federal employee or
contractor at any time in the 10 years preceding appointment,
excluding members of the United States Armed Forces.
(7) The individual shall not currently hold a federal
elected or appointed office, or have held a federal elected or
appointed office at any time in the 10 years preceding
appointment.
(8) The individual shall not have been convicted of any
felony in any jurisdiction in the 10 years preceding
appointment.
(b) An individual appointed as a commissioner or
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(b) An individual appointed as a commissioner or
alternate commissioner shall not hold statewide office while
performing duties as a commissioner or alternate commissioner.
"Statewide office" does not include service as a member of the
Legislature.
Section 5. (a)(1) The joint resolution appointing the
commissioners and alternate commissioners shall include the
following instructions:
a. A commissioner shall not vote for or otherwise
promote any change to the traditional convention rule that
each state has one vote.
b. A commissioner shall not vote in favor of any
proposed amendment that would alter the text of the specific
guarantees of individual liberty established by the
Constitution, including the Constitution, Bill of Rights, or
any amendment guaranteeing individual rights.
(2) The joint resolution appointing the commissioners
and alternate commissioners shall state that the scope of the
commissioner's authority is limited by the subject matter in
the State of Alabama's application calling for an Article V
Convention, as set forth in Act 2015-222 of the 2015 Regular
Session.
(3) The Legislature may provide any additional
instructions at any time by adopting a subsequent joint
resolution and providing each commissioner, alternate
commissioner, and member of the advisory committee a copy of
the subsequent resolution.
(b)(1) Each commissioner and alternate commissioner,
upon appointment and before exercising any function as a
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upon appointment and before exercising any function as a
commissioner or alternate commissioner, shall execute the
following oath in writing: "I do solemnly swear (or affirm)
that I accept and will act according to the limits of
authority specified in my commission and any present or
subsequent instructions. I understand that violating this oath
may subject me to penalties provided by law. I understand that
I may be recalled or removed from my duties by the Legislature
or the advisory committee."
(2) A commissioner's executed oath shall be filed with
the Alabama Secretary of State.
(c) After a commissioner's or alternate commissioner's
executed oath is filed with the Secretary of State, the Clerk
of the House of Representatives shall provide to the
commissioner or alternate commissioner an official copy of the
executed oath and commissioning resolution, which together
shall serve as the commissioner or alternate commissioner's
credentials.
Section 6. (a)(1) A commissioner or alternate
commissioner shall receive the same compensation as a member
of the House of Representatives of this state, prorated for
length of time served.
(2) A commissioner or alternate commissioner is
entitled to receive the same allowance for expenses as
provided to a member of the House of Representatives of this
state.
(b)(1) A commissioner or alternate commissioner shall
not accept any gifts or benefits with a combined value of more
than two hundred dollars ($200), other than from a member of
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than two hundred dollars ($200), other than from a member of
his or her family and of the kind customarily granted by a
member of one's family, during his or her time of service.
(2) For the purpose of this section, "gift or benefit"
shall be construed liberally to include current and future
loans, lodging, food, offer of prospective employment, and
other actual and prospective benefits, but shall not include
an employer's decision to continue paying a commissioner's
current salary.
Section 7. (a) The commissioners in the delegation,
including alternate commissioners filling a vacancy, shall
select from among themselves a chair, a commissioner to cast
votes on behalf of the delegation, and a commissioner to serve
as the spokesperson for the delegation. If the delegation so
decides, the same commissioner may exercise all of the
preceding functions. The delegation may designate a different
commissioner to perform any function at any time.
(b) Each commissioner shall take care to avoid
communicating the impression to any person outside the
delegation that the delegation is divided on a question on
which the delegation has taken a formal position, including,
but not limited to, casting a vote.
(c) No commissioner other than the one designated as
the spokesperson may communicate with the mass media about
convention business during the convention or during any
temporary recess or temporary adjournment.
(d) A commissioner violating subsection (b) or (c) may
be recalled or removed by the advisory committee or the
Legislature.
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Legislature.
(e) Subsection (b) and (c) shall not be construed to
prevent a commissioner from presenting his or her opinions to
the convention or debating a matter at the convention on which
the delegation has not formally taken a position.
(f) The quorum for decision-making by the delegation,
including the designation of commissioners for particular
duties and the determination of how the state's vote shall be
cast, shall be a majority present and voting at the time the
delegation is polled. No decisions shall be made and no vote
shall be cast if less than a majority of the delegation votes
in the poll.
(g) The rule of decision for the delegation, a quorum
being present, shall be a majority of those present and voting
at the time of polling.
Section 8. (a) The advisory committee shall consist of
the following members:
(1) One member of the Senate appointed by the President
Pro Tempore of the Senate.
(2) One member of the House of Representatives
appointed by the Speaker of the House of Representatives.
(3) One member of the Legislature, jointly nominated by
the President Pro Tempore of the Senate and the Speaker of the
House of Representatives, and approved by a majority vote of
the Senate and the House of Representatives.
(b) The advisory committee shall select one of its
members as the chair.
(c)(1) A commissioner may request that the advisory
committee advise him or her as to whether a prospective action
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committee advise him or her as to whether a prospective action
by the commissioner would violate the commissioning resolution
or any subsequent instructions.
(2) The advisory committee shall provide to the
commissioner requesting advice pursuant to subdivision (1) a
determination within 24 hours of receiving the request by any
appropriate medium.
(d) The advisory committee shall have authority to hire
staff and develop appropriate procedures and mechanisms for
monitoring the convention, its committees, and subcommittees.
Section 9. (a) Whenever the advisory committee has
reason to believe that a commissioner or alternate
commissioner has exceeded the scope of his or her authority,
the advisory committee shall notify the Speaker of the House
of Representatives, the President Pro Tempore of the Senate,
and the Attorney General.
(b) The Speaker of the House of Representatives,
President Pro Tempore of the Senate, or Attorney General may
request the advisory committee to issue a determination about
whether a commissioner or alternate commissioner has exceeded
the scope of his or her authority. The advisory committee
shall issue a determination on whether the commissioner or
alternate commissioner exceeded his or her authority
expeditiously, and the advisory committee shall communicate
the determination to the person requesting the determination
as soon as the determination is made.
(c) Upon determining that a commissioner or alternate
commissioner has exceeded the scope of his or her authority as
provided by this section, the advisory committee shall
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provided by this section, the advisory committee shall
immediately exercise its authority under Section 3 to recall
and remove the commissioner. The advisory committee shall
communicate the action and the reasons to the Speaker of the
House of Representatives, President Pro Tempore of the Senate,
the Attorney General, and the presiding officers of the
convention.
Section 10. (a)(1) A commissioner or alternate
commissioner to an Article V Convention shall not exceed the
scope of his or her authority when acting as a commissioner or
alternate commissioner. A commissioner or alternate
commissioner exceeds the scope of his or her authority by
voting or otherwise acting beyond the authority granted in his
or her commission, as revised by any subsequent instructions
provided before a vote or other action.
(2) A commissioner or alternate commissioner who
exceeds the scope of his or her authority shall be guilty of a
Class C felony.
(b) Any individual who knowingly bribes, threatens,
intimidates, or obstructs a commissioner or alternate
commissioner in the performance of his or her duties, or
attempts to do so, shall be guilty of a Class C felony.
Section 11. This act shall become effective on October
1, 2026.
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